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1163 posts

Uber Geek


  Reply # 287824 7-Jan-2010 15:41

5loth:
From my experience, in normal practice if you buy a sony TV, and it is on backorder, you are then phoned a few weeks later and told that that mode is no longer available, you are then offered the newest model under that brand. It is certainly not normal for the retailer to then provide you with a Philips TV with similar specs. The brand is one of the most important things when you are buying an appliance, as a companies reputation and success is purely built on it's brand and it's brand loyalty.


you are also offered a refund, which is all I expect you will get.




A contract is a contract. The refund would only be if both parties agree, as both parties have to agree to terminate a contract.  If one party doesn't agree, then the other party would be required to fulfill their end of the contract. If for some reason Sony had ceased making TVs, then an alternative brand could be substituted if both parties agree. However HP is still making these netbooks, it is just that the one that comes with XP is no longer available, the win 7 one is.


Obviously if the Asustek they supply is worth more on trademe me than the HP mini, and you can sell one for the same or more, then buy an HP mini on trademe, and it would be a win win situation. However I suspect there will a deluge of Asus netbooks on trademe in Feb. At least it will be a valid reason for selling it on trademe, rather than some of the reasons sellers had, such as 'I didn't realise it didn't come with a DVD drive.

 

I had read on the trademe messageboard that someone had said that the boxing day netbook that HN were planning on selling, were originally going to be Asus ones, but that the HP specs were better for the same price, so they went for those. Not sure how true that is. However if there is truth in that, these Asus netbooks may be those, and they maybe upgrading them in some way.

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  Reply # 287829 7-Jan-2010 15:58
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robbyp:
I believe the CGA would apply in the cases where people have purchased the item on backorder, hence a contract was formed. eg on My invoice it clearly states that the HP mini has been backordered, and I have paid in full for it. It makes no mention of rain checks. If they can't supply that exact model they will need to phone me to negotiate an alternative that I am happy with. In this case I would expect the updated model of the superseeded model to be provided. For those people who put their name down for a raincheck, they would be covered by the FTA, but that is a different story. That is why I was very surprised that Harvey Norman were requiring people to make a special trip in to prepay for the HP mini, they should have just been taking down names for a raincheck.

As I previously mentioned, the same or similar is subjective. However you would need to look what is normal practice when a model is superseeded. From my experience, in normal practice if you buy a sony TV, and it is on backorder, you are then phoned a few weeks later and told that that mode is no longer available, you are then offered the newest model under that brand. It is certainly not normal for the retailer to then provide you with a Philips TV with similar specs. The brand is one of the most important things when you are buying an appliance, as a companies reputation and success is purely built on it's brand and it's brand loyalty.




If you've paid for goods, have an invoice and received the goods you're covered under the CGA.

It's been a few years since I studied the CGA, FTA and sale of goods act but my understanding of contract law is that if you enter a contract to buy goods (which in this case by having paid money and received an invoice you have done) no sale has taken place. You have only only entered into an agreement to sell. The sale takes place ones goods or services have been received, therefore the CGA doesn't apply immediately as no sale has actually occured.

It's again my understanding that once goods or services are delivered you are responsible for ensureing the goods meet the conditions or specifications set out in the agreement to sell. If you reject the product I don't believe you have any comeback or claim other than a full refund if the goods that are then delivered are rejected by you. If you accept the goods the sale officially occurs and the CGA would apply.



 
 
 
 


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  Reply # 287840 7-Jan-2010 16:46
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Me and partner ordered one each from HN Hastings and paid on the day. No phone call yet.




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  Reply # 287846 7-Jan-2010 17:02
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No phone for me either. Called into HN Lower Hutt and was asked to pay up front.

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  Reply # 287856 7-Jan-2010 17:34

I also purchased mine from Lower Hutt, and no call, so it is just hearsay that I will not receive an HP mini. I have had no official acknowledgement, which is poor.

My law is a bit rusty and I don't have my law 300 university book with me. However payment for the goods, would have been considered as 'consideration'. This 'consideration' was made after HN agreed to sell the item for the specified price, which entered both parties into the contract. The consideration provided from HN's end was the invoice with the backorder details on it, which is essentially a promissory note, promising to provide the goods that were ordered. The contract would then be considered completed once HN has provided those goods.

This is from the consumer website, which defines a contract.

What is a contract?

Contracts come in all shapes and sizes. Some are verbal, some written. Some are formal, some informal. They all have three features in common:
(1) you make someone an offer
(2) they accept it
(3) and you promise to give something - usually money - in return for what you're getting. The legal term for this promise is "consideration".

This has all taken place, the only thing that hasn't occurred, is that HN has yet to provide the goods that are on backorder

Legally I would not entitled to a refund after I have paid the money. However if HN are not able to provide an HP mini, I believe it would mean that they have breached the contract and I may even be entitled to damages, unless they are able to negotiate with me on an alternative model, and obviously there is an almost identical HP mini model available.


This is why I was so surprised that they wanted people to pay for it upfront, if this model wasn't actually available for them to sell or backorder.

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  Reply # 287869 7-Jan-2010 19:19
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I also hadn't had a call so phoned HN and the manager said that he would be calling everyone on his list over the next few days, he wasn't too worried if I paid up front or not - but I paid in full today and got the invoice.

On my invoice it says ASUS backorder (not the HP mini) he was up front in saying when I got the raincheck last week that it could be asus and confirmed today that it would be an asus.

He also said that it was a special model being custom made for HN (as was mentioned in several posts) and happened to mention that there were 200 on 'raincheck' with this deal.

I do like the HP Mini but will be happy with the ASUS for the price, if anyone is unhappy then I guess they will have to take it up with HN direct, however there wouldn't be many businesses in NZ that would do rain checks like this even if their advertising didn't contain the correct wording.

Personally I think that those of us with rain checks are extremely lucky and good on HN for doing this deal.

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  Reply # 287870 7-Jan-2010 19:26

nitrotech: 


Personally I think that those of us with rain checks are extremely lucky and good on HN for doing this deal.


 

It wasn't done out of the goodness of their hearts. It was because of the way the whole thing was advertised as has been mentioned previously, otherwise a lot of people would have complained to the Commerce Commission about it. My tax receipt does clearly say HP mini backordered, so I will be pressing them to provide the contracted item or similar model to me. I was at no stage told that it wouldn't be an hp mini.  The people who got actual 'rainchecks' and didn't pay upfront initially, won't have a contract, so they will have to settle with what they are given.

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  Reply # 287881 7-Jan-2010 20:13
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nitrotech:
On my invoice it says ASUS backorder


By any chance does it have a model number on there?

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  Reply # 287887 7-Jan-2010 20:34
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nitrotech: He also said that it was a special model being custom made for HN (as was mentioned in several posts) and happened to mention that there were 200 on 'raincheck' with this deal.




I still don't buy that they are having them "custom made".  It will have to correspond to some model on the ASUS website in case any of us need a new driver or want to update the bios.  Moreover, if they are having it custom-made to the same specs, we need to see a list of those specs and a picture or two of the case.


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  Reply # 287889 7-Jan-2010 20:36
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My name's on the list, haven't paid, haven't had a phone call.

I'm pretty happy just to have my name on the list, seeing I knew it would sell out immediately when it was advertised.

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  Reply # 287897 7-Jan-2010 20:49
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Paulthagerous:
nitrotech:
On my invoice it says ASUS backorder


By any chance does it have a model number on there?


Nope he made up a code which simply says ASUS backorder

andyj14: I still don't buy that they are having them "custom made".


I agree, just like the hp 110-1111tu was a rebadged 110-1006tu

sideways: 200 from/for that specific store?


200 nationwide, only a few from the local store 

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  Reply # 287939 7-Jan-2010 22:31
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I had a phone call tonight from HN Manukau and was asked to come in and pay a deposit. I went in and paid the full amount. The staff member said that once they had received all deposits/payments from those on the raincheck list that the order would be sent to ASUS. I asked about the model but he said he didn't know but said that it matched the HP specs. My invoice is for the HP 110-1111TU but it says "customer is aware that they will get asus netbook instead of hp netbook".

It's an ASUS netbook for $288 with (apparently) at least the same specs as the HP 1111TU. At this stage I'm rather pleased with how it's all panning out, all things considered.




Keep calm, and carry on posting.

 

 

 

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  Reply # 287946 7-Jan-2010 22:46

BigHammer:  My invoice is for the HP 110-1111TU but it says "customer is aware that they will get asus netbook instead of hp netbook".

It's an ASUS netbook for $288 with (apparently) at least the same specs as the HP 1111TU. At this stage I'm rather pleased with how it's all panning out, all things considered.



That is interesting they have put that disclaimer on your tax receipt, as it shows that they are aware that they have made a major stuff up on some of their other tax receipts where no mention of that is made, and it just mentions that the HP mini is backordered.

 

Apparently they had 100 orders just in Wellington central city store so 200 nationwide does seem a bit low.

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  Reply # 287950 7-Jan-2010 22:54
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HN Manukau said last week that they stopped accepting backorders once the number got to about 100. No idea how many rainchecks after that.




Keep calm, and carry on posting.

 

 

 

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  Reply # 287952 7-Jan-2010 23:11

BigHammer: HN Manukau said last week that they stopped accepting backorders once the number got to about 100. No idea how many rainchecks after that.


Yes, I would say the number would be closer to 1000 than 200, which would probably make custom building an Asustek worthwhile.

Hang on, you said 100 back orders, and then rainchecks? Maybe they are providing hp minis to those that have backordered, and the Asus custom built ones are for the rainchecks?

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